23 may. 2018

Smartlaw. Sobre dinámica de las emociones en el discurso y práctica del Derecho

The emotional dynamics of Law and legal discourse
Heathe Conway & E. John Stannard (eds.)
Oxford: Hart Publishing, 2016, 299 pp.
ISBN: 9781849467872

In his seminal work, Emotional Intelligence, Daniel Goleman suggests that the common view of human intelligence is far too narrow and that emotions play a much greater role in thought, decision-making and individual success than is commonly acknowledged. The importance of emotion to human experience cannot be denied, yet the relationship between law and emotion is one that has largely been ignored until recent years. However, the last two decades have seen a rapidly expanding interest among scholars of all disciplines into the way in which law and the emotions interact, including the law's response to emotion and the extent to which emotions pervade the practice of the law. In The Emotional Dynamics of Law and Legal Discourse a group of leading scholars from both sides of the Atlantic explore these issues across key areas of private law, public law, criminal justice and dispute resolution, illustrating how emotion infuses all areas of legal thought. The collection argues for a more positive view of the role of emotion in the context of legal discourse and demonstrates ways in which the law could, in the words of Goleman, become more emotionally intelligent.

1. Contextualising Law and Emotion: Past Narratives and Future Directions
Heather Conway and John Stannard
2. Affective Family Law
Clare Huntington
3. Where There's a Will … : Law and Emotion in Sibling Inheritance Disputes
Heather Conway
4. The Emotional Dynamics of Undue Influence
John Stannard
5. Discovering Dignity: Unpacking the Emotional Content of 'Killing Narratives'
Mary Neal
6. Empathy for Victims in Criminal Justice: Revisiting Susan Bandes in Victimology
Antony Pemberton
7. Re-Emotionalising Regulatory Responses to Child Sex Offenders
Anne-Marie McAlinden
8. Emotions and the Assessment of Credibility
Jane Herlihy and Stuart Turner
9. Emotional Transitions in Social Movements: The Case of Immigrant Rights Activism in Arizona
Kathryn Abrams
10. Mediation and Emotions: Perception and Regulation
Charlie Irvine and Laurel Farrington
11. Engaging with Emotions in the Legal Profession
Eimear Spain and Timothy Ritchie
12. Emotion and the Discourse of Judging
Terry A Maroney
13. Becoming Like Solomon: Towards an Emotionally Intelligent Legal System
John Stannard and Heather Conway

Dr Heather Conway is a Senior Lecturer in Law in Queen's University Belfast. Heather's main teaching and research interests lie in the areas of property and land law, especially comparative Commonwealth property law. She has written a number of articles on aspects of co-ownership and has published a leading monograph in this area- Co-Ownership of Land: Partition Actions and Remedies (2nd edition, 2012).
E. John Stannard is a Senior Lecturer in the School of Law at Queen's University, Belfast.


Ronda Muir
Beyond Smart: Lawyering with Emotional Intelligence
American Bar Association, 2017, 496 pp.
ISBN: 9781634259163

Everyone is familiar with "IQ"—intelligence quotient. Most lawyers put their IQ scores up there with their SAT and LSAT scores as generally acknowledged evidence of their competence. But what is your emotional intelligence quotient? And why should you care?“Emotional intelligence” (EI) is the ability to recognize, understand, and regulate our own and others’ emotions. Industries worldwide have incorporated EI into their education, hiring, training, and management programs to maximize performance. Beyond Smart: Lawyering with Emotional Intelligence is the first comprehensive guide to understanding and raising emotional intelligence in the unique context of law practice. It explains the origins of EI, a lawyer’s historic role in developing the concept, how lawyers compare in EI to other professionals and how to determine your level of EI. Beyond Smart also outlines how:

• Emotionally intelligent lawyers are smarter, better practitioners—as negotiators, litigators and judges, make more money, and are physically and mentally healthier;
• Emotionally intelligent law departments and law firms profit from more effective leadership, greater performance, enhanced teamwork, and increased client satisfaction, as well as lower attrition, healthcare and professional liability costs;
• Emotionally intelligent practices can thrive in an increasingly competitive and technologically complex marketplace, even outperforming artificial intelligence; and
• Individuals, workplaces and law schools can take steps to raise emotional intelligence.This user-friendly, practical resource is designed for today’s legal professional who desires to improve their communication, client service and leadership skills and create a high performance, high functioning workplace.

About the Author

Chapter 1:

What Is Emotional Intelligence? Understanding
Emotional Intelligence and Its Benefits
The Origins of Emotional Intelligence Theory
The Business Community Embraces Emotional Intelligence
Primary and Secondary Education
Graduate Business Schools
The Demographics of Emotional Intelligence
Emotional Intelligence and Geography
Emotional Intelligence and Age
Emotional Intelligence and Society at Large
Emotional Intelligence and Race
Emotional Intelligence and Class
Emotional Intelligence and Gender
The Physiology of Emotional Intelligence
The Proof Is in the Pudding

Chapter 2:

Are Lawyers Emotionally Intelligent?
Emotional Intelligence Assessment and Other
Data on Lawyers
The View from the Bleachers
Law’s Skeptical View of Emotions
The Lawyer Who Had No Emotions
Where Do We Lawyers Fall Short? The Four
Components of Emotional Intelligence
1. Emotional Perception
Emotional Self-Awareness
Awareness of Others’ Emotions
2. Emotional Empathy
3. Emotional Understanding
4. Emotional Regulation

Chapter 3:

The Business Case for Emotionally Intelligent Lawyers:
Four Advantages Emotional Intelligence Brings to
Your Practice

Advantage 1: Emotionally Intelligent Lawyers
Are Smarter
Emotionally Intelligent Lawyers Make Better
The Emotionally Intelligent Are “Smartest”
Over a Lifetime
Even Smart Artificial Intelligence Requires
Emotional Intelligence
Advantage 2: Emotionally Intelligent Lawyers Are
Stronger Practitioners
At the Negotiating Table
In the Courtroom
Case Managers
Advantage 3: The Bottom Line: Emotionally Intelligent
Lawyers Make More Money
Emotionally Intelligent Lawyers Get
and Keep More Clients
Getting Clients
Keeping Clients
Emotionally Intelligent Communication Cements
Client Relationships
The Art and Science of Listening
Reading Nonverbal Communication
Emotionally Intelligent Client Service Reaps Revenues
Advantage 4: Emotionally Intelligent Lawyers Are
Healthier and Happier—Rescuing Lawyers in Distress
Emotional Intelligence Reduces the Plague of Anxiety,
Stress, Burnout, Substance Abuse, Depression, and Suicide
Lawyers in Distress .
Why? Accounting for Lawyer Debilitation

Chapter 4:

Four Ways Emotional Intelligence Builds More Successful
Law Firms and Law Departments

1. Emotionally Intelligent Leaders Are More Effective
External Challenges: Meeting the Marketplace Mandate
Advancing Technology
The End of Lawyers?
Mounting Financial Pressures
Internal Challenges: Innovating, Achieving Influence,
and Motivating and Effectuating Chang
Inspiring Innovation
Achieving Influence
Motivating and Effectuating Change
2. Emotional Intelligence Builds a More
Productive Culture
Lower Attrition
Reduced Conflict and Better Conflict Management
Higher-Functioning Teams
Greater Personal Well-Being
3. Emotional Intelligence Lowers the Risk of Liability
Troublesome Outliers: Moral Disengagement,
Narcissism, Machiavellianism, Sociopathy,
and Psychopathy
4. Emotionally Intelligent Practices Are More Profitable

Chapter 5:

Four Steps to Achieving an Emotionally Intelligent

Step 1: Start at the Top: Emotionally
Intelligent Leaders
Increase Feedback to Raise Self-Awareness
Invest in Leadership Development
Embrace Women Leaders
Use Emotional Contagion

Step 2: Hire Emotionally Intelligent Professionals
Recalibrate Hiring Practices
Screen for Emotional Intelligence and Other

Step 3: Develop Emotional Intelligence
Institute Emotional Intelligence Training Programs
Offer Coaching, Mentoring, and Other Feedback
Compensate, Reward, and Promote Emotional

Step 4: Emotionally Engage the Keepers
Find the Magical Balance
Dare to Lead

Chapter 6:

What Is My Emotional Intelligence?

Emotional Intelligence Assessments
Questions to Start You Thinking and Feeling
Worksheets to Illustrate Emotional Intelligence Your Worst and Best Boss/Client
Your Worst and Best Performances at Work

Chapter 7:

How Do I Raise My Emotional Intelligence?

1. Four Routes to Achieving an Emotional Intelligence Edge
Expand Your Emotional Awareness
Sign Up a Coach or Mentor
Profit from Performance and Client Reviews
Listen Well
2. Participate in Training
3. Embrace Mindfulness
4. Persevere
Raising the Four Components of Emotional Intelligence

1. Emotional Perception—Short-Circuiting Garbage
In/Garbage Out
2. Emotional Empathy
3. Emotional Understanding
4. Emotional Regulation

Chapter 8:

The Role of Law Schools Chapter 9:
Now Is the Time to Lawyer with Emotional Intelligence Appendix: Assessment and Development

Resources Bibliography
Ronda Muir, Founder and Principal of Law People Management, LLC, is a leading authority on solutions to people management chal-lenges unique to the legal industry. She draws from years of practicing law in New York and Europe, both as outside counsel and in-house counsel, coupled with advanced study in behavioral science. Ronda has advised corporate law departments and law firms of all sizes across the country on increasing profitability by aligning structure, leadership, compensation, professional development, and culture to enhance client service. She is a frequent speaker, an award-winning author, and publishes http://www.LawPeopleBlog.com

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